Chichil

Chichil v. Kane

Good Law
255 F. App'x 194
United States Court of Appeals for the Ninth CircuitNovember 20, 2007No. 06-17169California278 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Hilario Arturo Chichil appeals pro se from the district court’s judgment denying his habeas petition under 28 U.S.C. § 2254 . We have jurisdiction under 28 U.S.C. §§ 1291 and 2258. We review de novo, Sass v. Cal. Bd. of Prison Terms, 461 F.3d 1123, 1126 (9th Cir.2006), and we affirm.

We reject as foreclosed appellee’s contention that we lack jurisdiction to entertain this appeal because Chichil did not obtain a certificate of appealability. See Rosas v. Nielsen, 428 F.3d 1229, 1231-32 (9th Cir.2005) (per curiam).

Chichil contends that the 2002 decision of the California Board of Prison Terms (“the Board”) to deny him parole violated his due process rights. After reviewing the record, we conclude that “some evidence” supports the Board’s decision. See Superintendent v. Hill, 472 U.S. 445, 455 , 105 S.Ct. 2768 , 86 L.Ed.2d 356 (1985). Accordingly, the California Court of Appeal’s decision was not an unreasonable application of federal law. See 28 U.S.C. § 2254 (d)(1).

Furthermore, because the “some evidence” standard does not allow us to reweigh the evidence before the Board, we find no due process violation stemming from the Board’s…

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